Last Update: 9/1/2005 (Transmittal II-5-08)
HA 02510.004 Appeals Council
Action on a Request for Review of a Dismissal Order Based Upon
a Claimant's Withdrawal of the Request for Hearing
Renumbered from HALLEX section II-5-1-4
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Appeals
Council Interpretation
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SUBJECT |
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Appeals Council Action on a Request
for Review of a Dismissal Order Based Upon a Claimant's Withdrawal
of the Request for Hearing |
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ISSUE |
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Does the claimant's change of
mind alone constitute good cause to vacate a dismissal order based
upon the claimant's withdrawal of the request for hearing? |
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DISCUSSION |
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Social Security Administration
regulations 20
CFR §§ 404.957(a) and 416.1457(a) provide that
an Administrative Law Judge (ALJ) may dismiss a request for hearing
at any time before notice of the hearing decision is mailed if the
claimant asks to withdraw the request in writing or orally at the
hearing. HALLEX HA 01240.020 A. states
that an ALJ may dismiss the request for hearing if the record shows
the claimant understands the effects of the withdrawal. The regulations
at 20 CFR §§ 404.960 and 416.1460 provide
that an ALJ or the Appeals Council may vacate a dismissal of a request
for hearing upon a showing of good cause within 60 days of receipt
of the order. HALLEX HA 01240.010 B. notes
there are no set criteria for determining good cause and HALLEX HA 01330.015 C. provides that, in
reviewing a request to vacate, the Appeals Council will evaluate
all the facts at the time of the dismissal and all subsequent facts,
but that a claimant is not entitled to file another request for hearing
on the same determination as a matter of right. |
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The above situation is not analogous
to the situation of a claimant requesting to withdraw an application
as set forth in 20
CFR 404.640 and 416.355. A request to withdraw
an application may be cancelled if the claimant files a written
request within 60 days of the notice approving the withdrawal in
accordance with 20
CFR §§ 404.641 and 416.360. In this instance,
the claimant does not need to provide a reason (or good cause) for
cancelling his withdrawal request. |
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In order to reinforce and to clarify
the regulatory requirement, the Appeals Council decided that a change
of mind alone would not constitute good cause to vacate a dismissal
order based on the claimant's request to withdraw the request for
hearing. |
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INTERPRETATION |
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A claimant's change of mind without
any other reason does not constitute good cause to vacate a dismissal
order. When a claimant does not provide any reason in the request
for review, the Appeals Council will send an interim letter requesting
the claimant to show good cause why the hearing dismissal should
be vacated. |
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APPLICATION |
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The Appeals Council will apply
this interpretation in all cases that come before it involving the
same issue. |
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EFFECTIVE DATE |
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December 3, 1991 |
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CROSS-REFERENCE |
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20 CFR §§ 404.640, 404.641,
404.957(a), 404.960, 416.355, 416.360, 416.1457(a), and 416.1460;
HALLEX HA 01240.010 B., HA 01240.020 A., and HA 01330.015 C. |